Loading...
11-24-69 1969. A regular meeting of the City .Council of the City of Delra¥ Beach was held in the Council Chambers at 8:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager Day,dM, Gatchel0 City Attorney G. Robert Fellows and Councilmen John L.-Pitt~, III, James H. Scheifley, James B. Wilson and O. F. Youngblood being present. 1. An opening prayer was delivered by Rev. W. Arthur Spruill. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular Council meeting of November 10th and special meeting of November 19th, 1969, were unanimously approved, on motion by Mr. Pitts and seconded by Mr. Wilson. 5. Mr. Pitts said there are 30 per cent more service stations in Delray Beach than in Boca Raton and Boynton Beach, an~ several stations in Delray Beach are not operating. He proposed a workshop meeting to consider a special ordinance.which would prohibit any oil company from further constructiOn of new stations as long as any of their old sta- tions were.not in use..~Or ~o~n down. Mayor Saunders asked that the City Attorney r~search this item and get as much information as possiblefrom various towns, prior to such a workshop meeting. 5. Mr'. Pitt~.reported~ there are several'areas in' town that "seem tO be dumping grounds for old ice'boxes,' etc., and suggested, thatthe Admin- istration' cOnSider placing large DemPster DumpSter 'containers at these various lOCations.in an effort to eliminate the unsightly condition-, 5. Mr. Pitts referred to the. contract with Murphy Construction Company, and 'said he'hopes'they will c°mPlete'the'authorized work soo~'as the failure is now only four blocks away from the newly repaired portion of the Beach revetment. "city Engineer Fleming reported that Murphy Construction Company h~s received the Change Order for said work and have ordered the SPecial steel 'reqUired for the sheet piling wall and expect to receive same in 5. Mr. Scheifley asked what the plans are for providing Council with a report on the research he requested on the legality of a ·six-month mora- tOrium on zoning changes from residential to multiple family dwelling district, Until the Master Plan has been prepared. It was determined that a written-report would be furnished'by the City A'ttOrney prior to consideration of said 'item at a workshop meeting. 5. Mr'. Youngblood said he feels the public should be 'more acquainted' ~ith the' facts'of the three proposals on the Bond EleCtion to be held on'December 2nd,' and recommended that there be a Factual Statement in all of the newspapers concerning the. Bond Election. 5.,. ~ayor Saunde.rs reported ~here wo~ld be a meeting in the 'Council Chambers., Tuesday evening, November 25th, for the purpose of providing a question and answer period relative to said proposed General Obliga- tion Bond Issue; furt~..er, he hopes the newspapers will give good cover- age.on said Bond Issue. 5.' Mayor Saunders read an ELECTION PROCLAMATION concerning a General EleCtion to 'be' held on Tuesday, December 2nd, 1969, for the purpose of electing'a Mayor, two City Councilmen, and further providing for con- dUcti~g a Bond Election as.well as a straw vote concerning sa1e of 400 · feet of'city owned Beach ProPerty on South Ocean Boulevard.' ' -1- 11-24-69 152 5.a. City Manager Gatchel presented'Change Order.No. 1, affecting the contract~ with Southern Steel Company, dated November' 4, 1968, providing for furnishing and installing certain jail equipment in the Law Enforce- ment Complex, for the sum of $40,830-00. He reported that this Change Order covers the deietion of a steel plate partition that was to have been.installed between the showers of the Day Rooms, and provides a credit to the contract of $94.00, and has been recommended by Mr. Roy M. Simon, theAssociate ArChitect for said project. Said Change Order No. 1. was u~animously approved, on motion by Mr. Wilson and seconded by Mr. Youngblood. (Copy of Change Order No. 1 to the Contract of Southern Steel Com- pany is attached to the official copy of these minutes.) See page 186-A. 6.b. City Manager Gatchel informed Council 'that there was Published on November 15, 1969, the following ~otice of Intention to Apply for Special Legislation: "Notice is hereby given that the Florida East.Coast Chapter of the Associated General Contractors of America,. Inc., intends to apply to the 1970 Session of the Florida Legislature for the enactment of special legislation and will present the proposed legislation to the Legislative Clinic at the West Palm Beach 'City Hall at 2=00 P.M., or as soon thereafter as the matter be heard, on November 25, 1969, at 320 Second Street in the City of West Palm Beach, Florida, which special legislation pertains to the following matters= An act relating to Palm Beach County= proPiding for the issu- ance or'Countywide municipal occupational licenses for construc- tion~ providing for their sale by the County Tax COllector~ es- tablishing"fees to be ~harged~ providing for the distribution to themunicipalities of proceeds received on a pro rata'fOrmula basis and for a year-to-year revision of such formula~ providing for the validity of license when failing to register.with a mu- niCipality~ providing for delinquency penaltiesand half-year fees~ providing for an effective date." It was reported that some of ~ towns in this area will have .rep- resentatives at'said meeting att he WeSt Palm Beach City Hall tomorrow to Protest against such legislation. Fol'lowing general discussion, CounciI planned to be at this City Hall at 9:00 A.M. tomorrow when the Legislative Clinic have a Scheduled meeting, and attempt to find out more about this proposed legislation, and to select someone to attend the meeting at West Palm Beach. 7.a. City. Clerk Worthing informed Council that the Frances J. Bright Woman's Club requests the use of the auditorium at the Community Cen- ter for sunday,.February~22, 197~, from 3~00 to 5~00 P.M., for the put- 'i' pose of conducting a concert, which request has been approved by the Director of Recreation, Mr. Elliott Said request for use of the Co'unity Center was unanimously grant- ed, on motion by Mr. Youngblo.od and seconded by Mr. Wilson. 7.b. Council was informed that Mr. Timothy Ham, having recently ac- quired the business known as THE TEDDY BEAR BAR, located at 524 West Atlantic Avenue, requests transfer of License No. 1241, Permitting the sale of beer and 'wine, COnsumption on the Premises only,'which license has been issued to the previous owner, Mr. Willie F. Bean, Sr.; further, Mr. Ham has been investigated in the usual manner and approved by the State Beverage Department and Delray Beach Law Enforcement officials, and it is recommended that said request be granted. 'The transfer of said License No. 1241, was unanimously granted, on motion by Mr. WilsOn and seconded by.Mr. Youngblood.. 7.c. Council was'informed that the Boy~ton-Delray Seventh-Day Advent- ist Church hasrequested a permit to solicit funds within Delray Beach, whichrequest has beenreviewed by the SoliCitations Committee~ further, said Committee recommends tha~the request be granted for the period commencing on December 9th and ending on December 23rd, 1969. The recommendation of the SoliCitation~ Committee was unanimously sustained, and permission for said solicitation by the Seventh-Day Adventist Church was granted, on motion b~Mr. Youngblood 'and seconded by Mr. Wilson. 7.d. City Clerk Worthing Presented a request for rezoning of Lots 1 thru 7 and Lots 10 thru 14, Liberty Heights S/D. from RM-2 (Multiple Family Dwelling District) to R-1 (Single Family Dwelling District) and stated that Council may deny this petition or refer same to the Planning and Zoning Board for a public hearing to be held thereon, following which the Board shall submit its recommendation. Said rezoningpetition was unanimously referred to the Planning and Zoning Board, on motion by Mr. Scheifley and seconded by Mr. Wilson. 7.e. City Clerk ~rthing reported that attached to the Agenda was a copy of a request from the Better Business Bureau of Palm Beach County, which communication indicated therein as having been sent to all mu- nicipalities within the CoUnty. Further, this communication urgently requests the County and all municipalities to consider emergency steps be taken to provide needed controls and regulations pertaining to the use of "Textured Coating" by home improvement contractors. City Manager Gatchel presented the following memorandum, dated to- day, from Mr. Abbott, Director of Planning, Zoning and Inspection: '"In the City of DelraYBeach'mo~t phases of construction are now done in the manner suggested by'the Better BUsiness Bureau, It is the p01icy of this City that such work be governedby reasonable and safe Standards; therefore, in the consensus'of opinion of the qualified personnel in this department that an ordinance be created to .incorporate the recommendations of the Better Business Bureau._" Mr. Scheifley said he thinks that would be a good ordinance but ' believes the cost of'said inspections should be.reflected iD the li- cense fee for said partigular business in order that it Would not be done at the expense of the taxpayers. Mr. Wilson moved that'an ordinance be developed that'may be neces- sary-to safeguard the citizens of Delray Beach and eliminate the e%ils that have been pointed out by the Better Business Bureau, and be con- sidered at a workshop meeting priOr bo presentation at a regular Coun- cil meeting. The motion was seconded by Mr. Scheifley and carried' unanimously. 7.f. Council was presented with a letter, dated' November 18, 1969, from Mr. F. g~nneth Bradley, Mayor of the city of Lake Worth, regard- lng the formation of Palm Beach County Municipal League and with a copy of the Charter of said League. Following discussion, Mr. Wilson moved to authorize'Delray Beach~s participation as a member of the~Palm Beach County Municipal League by the adopt~onof RESOLUTION NO. 45-69. The motion was'Seconded'by Mr. Pitts and carried unanimously. (~o~Y of LeagUe Charter at.~ched to these minutes. ) See pages .186-B-C. RESOLUTION NO. 45-69. A Pd~OLUTION 'OF THE CITY COUNCIL oF THE CITY OF DELRAY. BBAC~', FLORIDA, ELECTING TO JOIN THE PALM BEACH COUNTY MUNICIPAL LEAGUE AND RATIFYING ITS CHARTER. ~:.BE IT RESOLVED BY THE CITY COUNCIL OF THB CITY OF DELRAY BEACH., FLORIDA:' That the City of Delray Beach, Florida, a municipai corpora- tion existing under the laws of the state of Florida, hereby elects to become a member.of the Palm Beach .~.~unty Municipa~ League effective upon passage of this resolution, andres hereby, ratify the'.Charter of 2he Palm Beach County Municipal Lea.g~, copy of whiCh.~s..attached. hereto. ~3~ '' 11-24 69 1,84 7.g. Council was presented with a proposed lease between the City as Lessor, and the Community. Child Care Center of' Delray Beach, Inc., as Lessee, of Lots i .to 6 inclusive, and Lots 19 to 22, inclusive, Block B, West Side Heights. City Clerk Worthing reported that this proposed lease is for a period of 99 years, and subject to Council approval thereof, and in compliance with Section 7 of' the City Charter, intent of Council to so provide will be advertised and a Resolution to authorize such Lease Agreement will be submitted to Council at its regular meeting of De- cember 8, 1969. Mr. Wilson and Mr. Youngblood explained the pilot program being' conducted this year by the Community Child Care Center, Inc., at the First Baptist Church and the First Presbyterian Church. Mr. SCheifley moved to approve said Lease as submitted, the motion being seconded by Mr. Youngblood and unanimously carried. 8.a. City Clerk Worthing presented ORDINANCE NO. 43-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING CER- TAIN LANDS WITHIN THE SOUTH-QUARTER OF SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, IN "RM-1 MULTIPLE FAMILY DWELLING DISTRICT"; ALSO REZONING AND PLACING CERTAIN LANDS WITHIN THE SOUTH-QUARTER OF SECTION 24, AND THE NORTH-QUARTER OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, IN "RM-2 MULTIPLE FAMILY DWELLING DISTRICT"; AND AMENDING THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". The City Clerk reported that the Planning & Zoning Board, follow- ing a public hearing on these petitions for rezoning, did recommend to Council, under date of November 5th, that said property be rezoned as requested. FolloWing lengthy discussion, Mr. Pitts moved that Ordinance No. 43-69 be denied. The motion was seconded by Mr. Scheifley and carried unanimously. 8.b. City Clerk Worthing presented ORDINANCE NO. 44-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, CERTAIN LANDS LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITYr REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. .. Ordinance No. 44-69 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 9.a. The City Clerk informed Council of a request from the Board of Directors of the Delray Beach Public Library Association, Inc. to solicit funds for its building expenses, by mail, from March ]. to 15, 1970. Further, the Solicitations Committee, under date of November 18th, recommend approval of said request. Mr. YotLngblood moved to sustain the recommendation of the Solici- tations Committee and grant said request to solicit, the motion being seconded by Mr. Wilson and unanimously carried. 9.b. A request from Mebra Development Company for a slight change from the Site Plan for construction and development of Coastal House Apartments, located at 2200 South Ocean Boulevard, was presented to Council at its' last regular meeting, and tabled at that time for a more thorough discussion at a workshop meeting. City Clerk Worthing reported that said revision pertains to the parking area, the recreational area and the pattern flow for traffic therein, and has been considered at a recent workshop meeting by Council and Planning and Zoning Board members. Mr. Pitts moved that the request for change of Site Plan be ap- proved, the motion being seconded by Mr. Wilson. Upon call of roll, Mr. Pitts, Mr. Wilson, Mr. ¥oungblood and Mayor Saunders voted in favor of the motion, and Mr. Scheifley abstained from voting. lO.a. Mr. Ernest Galinis, a Sherwood Park resident, said he thinks the City has made a giant step forward tonight, and asked Council when a Master Plan for the City will be prepared. Mayor Saunders reported that the Planning and Zoning Board plan to have a Planning Consultant selected for that job within a month. 10 a. Mrs Patti Weatherly, 18 N. E 9th Street, asked why she had to pay Delray Beach City taxes to the County Tax Collector. City Clerk Worthing explained that consolidation of ad valorem tax- ation with the County Tax 'Assessor and the County Tax Collector, as provided by Florida Law - Chapter 69-54, has been authorized by the City Council for the City of Delray Beach effective with the assessment, billing and collection for 1969 property taxation. 10.a. Rev. M. M. Gaines, Pastor of the St. John Primitive Baptist Church, requested the relocation of a power line easement in a portion of the ~outh quarter of BloCk 11, and presented a pl0t plan of their church property. This request was referred to the City Administration~ ~0.a. Rev. Semmie TaYlor, representing the Christian Movement for civic Action, commented on the proposed sale of the 400 feet of'City owned beach property and on the Beach Revetment. 10.a. Mr. Wm. J. Schmalz, 200 Andrews Avenue, commented on the bad drainage condition in his area of town, and asked why it was not in- cluded in the proposed Bond ISsue for Storm Drainage. Mayor Saunders explained the drainage area that'ks covered in the propOsed $1,450,000 General Obligation Bonds for Storm Drainage, and said he did not believe people would vote for a larger bond issue at this time which would be necessary to cover drainage installation in other areas. 10.a. Mr. James H. Jurney. referred to a newspaper article in todaY's Fort Lauderdale News concerning an accumulation of garbage in the western section of town, and people being attacked by rats in that area. He said he hopes CoUncil Will see the need to get the garbage off of the streets and suggested a crash program to clean up the west side of town. lO.b. Mr. Schei'fleY said he feels i.t is very important for people to understand the proposed Bond Issue in the December 2nd Election and~' in- vited everyone to attend the meeting scheduled for tomorrow night in this ~ity Hall when any questions may be answered. lO.b. Mr. Scheifley announced' that there would be a Candidates Forum for' the December 2nd Election, at 8:00 P.M., FridaY, November 28th, at the First. Federal Savings and Loan AssOciation, 10.b. Mr. Wilson urged' that people attend the November 25th meeting in the City Hall for a question and answer period relative to the pro- pOsed Bond issue, and suggested that everyone try to be a good neigh- bor and see that your neighbor gets to the polls on December 2nd' to vote on said Bond Issue. 10.b. City Manager Gatchel presented a request from the Trinity Lutheran School for use of the Community Center between 7:00 P.M., and 9:30 P.M.., on December 17th, for the purpose of their annual Christmas -5- 11~24~69 1.86 Program, at which program they anticipate an attendance of approxi- mately 400. Further, approval of said request is recommended. Mr. Wilson moved to grant the request.for use of the Community Center, the motion being seconded by Mr. Youngblood and unanimously carried. 10.b. City Clerk Worthing read the minutes of the City Beautification Committee meeting of November 12, 1969. Mr. Pitts suggested that some of the good ideas presented by the Beautification Committee be discussed thoroughly at a workshop meeting Mr. Wilson invited anyone interested to attend the Beautification Committee meetings which are held monthly, on the second Wednesday, at 3:30 P.M., in the Chamber of Commerce Building. 10.c City Clerk W°rthing presented Bills for Approval as follOws- General Fund $93,239.65 Water Operating & Maintenance Fund 1.,155.19 Water Revenue Fund 4,000.00 Utilities Tax Revenue Fund 14,000.00 Interest & Sinking Fund, Water & Sewer Revenue Bo~s, Series 1957 96, 306.25 Utilities Tax Certificates, Principal & Interest Redemption Fund, Water & Sewer Bonds 17,570.00 Cigarette Tax Fund 11,282.00 Capital Improvements Construction Fund 25,657.25 The bills were unanimously approved for payment., on motion by Mr. Wilson and seconded by Mr. Youngblood. The meeting a.djourn~d'at 9:40 P.M ..... ' "~.~ City Clerk APPROVED: -6- 11-24-69 ' ' 186-A C~...~, & ~.l~?..~ OWNER [] ~: ;-it '~ ~.~ ARCHITECT ~ O~E~ CONTRACTOR ~ FIELD ~ . AIA DOCUMENT G701 OTHER PRO)ECT: Law Enforcement Complex (name, address) City of Delray Beach, Florida TO (Contractor) o ~Southern Steel Company -~ ARCHITECT'S PROJECT NO: P. O. Drawer 2021 CONTRACT FOR: Jail Equipment San Antonio, Texas 78206 ~_ _] CONTRACT DATE: November 4, 1968 You are directed to make the following changes in this Contract: Delete the steel plate partition between the showers (Day Rooms). see attached letter) The original Contract Sum was ..................... $ ~+0,83 0. O0 Net change by previous Change Orders .................. Ti~e Contract Sum prior to this Change Order was ............... $ 2+0 ~ 8.30. O0 The Contract Sum well t~e ~}(~X~ (decreased) ~,.:k-'~by ~,q~s Change Order. - $ 9~ · OD ~he new Contract Sum including this Change Order will be ........... $ ~O~736. OD The Contract T;me will be ~~~ (unchanged) 4y ( Days. The Date of Completion as of the date of this CharGe Order th~:~ L;:e ~ (nog applicable ) ~7. i.. ..... ~o~ A.i.A. _Souvhe~n ~ve,ul Co. __~_$vy o~ ~e~ray_.B_eAgh_ ARCNi ~... GOh~iRAQ~(3R %WN~2 9~ N. il. --;th AY.enue ........ _~.,.u. ~r. awer 2021 _~ ....~.2. "rawer 2669_ ..... A~x.~res: Address Addrc~> Delr'~ ~.'/ _ph,Florida San Antonio, Texas Del:".:. Beach, Florida BY_/..'.~P' ~ BY (see attached) BY~ ........... __/ o/,-f!.~.}lcber 29, 1969 DATE DAT~ ...... DAT2 GF SSUANCE October 2~ ~ CHANGE ORDER NUMBER AIA ~OC~MENT G7~1 · CHANGE ORDER · SEPTEMBER 1966 EDITION · ~1966 AIA~ THE ONE PAGE AMERICAN NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 CHARTER OF PALM BEACH COUNTY MUNICIPAL LEAGUE ARTICLE Io NAME THE NAME OF THIS ORGANIZATION SHALL BE THE PALM BEACH COUNTY MUNICIPAL LEAGUE° ARTICLE II OBJECT THE OBJECT OF THIS ORGANIZATION SHALL BE TO PROMOTE AND ADVANCE T~tE BEST INTEREST OF THE MUNICIPALITIES OF PALM BEACH COUNTY, FLORIDA; TO STUDY MUNICIPAL PROBLEMS AND SEEK SOLUTIONS TO THEM THROUGH, COOPERATIVE EFFORT; TO ENCOURAGE AND WORK FOR THE WELFARE OF THE CITIZENS'OF THE RESPECTIVE CONMUNIT!ES OF PA~.{ BEACH COUNTY. ARTICLE III MEM ~E~:~ S ~ i P ANY MUNICIPALITY IN PfiL}'i 3EACH COUNTY~ FLORIDA~ SHALL BE ELIGIBLE, AND MAY BECOME A MEMBER OF THIS LEAGUE BY ?iS:!i;ili![G A RESOLUTION TO THAT EFFECT AND TRANSMITTING SAID RESOLUTIS!(Ti) THE LEAGUE AND MAY WITHDRAW iN THE SAME MANNER. AT ALL MEETINGS OF THE LEAGUE, EACH MEMBER SHALL HAVE ONE VOTE. DUES SHALL BE SUCH AS ARE FIXED FROM TIME TO TIME BY THE BY-LAWS. ARTICLE IV OFFICER AND EXECUTIVE COMMITTEE THE OFFICERS OF THE PALM BEACH COUNTY LEAGUE OF MUNICI- PALITIES SHALL BE: PRESIDENT~ VICE PRESIDENT, SECRETARY~ TREASURER, AND EXECUTIVE CO~AMITTEE OF FIVE (5) MEM811(~iS W~O SHALL BE ELECTED FOR A TERM OF ONE (I) YEAR EACH~ ALL 0~' ~Ti{OM WILL COMPOSE THE EXECUTIVE BOARD OF THIS ORGANIZATION AND ALL OF WHOM SHALL BE A 3jLY ELECTED OR APPOINTED MUNICIPAL OFFICIAL. VACANCii ~iS DURING THE TERM OF OFFICE SHALL BE FILLED FOR T~iE REMAINDER OF SUCH TERM BY ELECTION, BY THE REMAINING MEMBERS OF THIS BOARD° ARTICLE V. MEETINGS THE ANNUAL MEETING OF THE LEAGUE SHALL BE HELD IN A MUNICIPALITY IN PALP[ BEACH COUNTY AS PROVIDED IN THE BY-LAWS AT WHICH TiME THERE WILL BE ELECTION AND INSTALLATION OF OFFICERS. REGULAR MEETINGS BY THE ENTIRE MEMBERSHIP WILL BE HELD AT SUCH TIME AND PLACE AS PROVIDED IN THE BY-LAWS. SPECIAL MEETINGS AND EXECUTIVE BOARD MEETINGS WILL BE HELD AS MAY BE PROVIDED IN THE BY-LAWS. ARTICLE VI ELECTIONS THE EXECUTIVE BOARD SIIALL APPOINT 'A NOMINATING CO?,~,~ITTEE TO CONSIDER AND PROPOSE A SLATE OF CANDIDATES FOR ALL ELECTIVE OFFIC,',o FOR THE ANNUAL ELECTION~ THE NOMINATING COMMITTEE SHALL ANNOUNCE ITS NOMINATIONS TO THE MEMBERSHIP AT THE MONTHLY MEETING PRIOR TO THE MEETING AT WHICH THE ELECTIONS ARE HELD .ARTICLE VII AMENDMENTS AND BY-LAWS THIS CONSTITUTION MAY BE AMENDED~ AND BY-LAWS ADOPTED OR AMENDED, BY A TWO THIRDS (2/3) VOTE OF THOSE PRESENT, AT A REGULAR ~ETING OF THE LEAGUE~ PROVIDED NOTICE IN WRITING, TOGETHER WITH COPIES OF ALL PROPOSED A?,[ENDMENTS OR BY-LAWS, SHALL BE GIVEN TO ALL MEMBERS AT LEAST T~WENTY (20) DAYS IN ADVANCE OF THE MEETING AT WHICH THE AMENDMENT OR BY-LAWS SHALL BE VOTED UPON.